TERMS OF SERVICE
Prior to your use of any Ashley Cooper services (as defined and outlined below within this agreement) and prior to your purchase and your request for services, you are required to read, understand and accept these terms. Prior to purchase, you will be required to confirm that you have read and reviewed and accept these Terms of Service by checking the box which states “I have read and reviewed the Terms of Service and agree to be bound by them.”
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ASHLEY COOPER INCE d/b/a ASHLEY COOPER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Occasionally we may, at our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice (for example by sending you an email.) Your continued use of the Service after the changes have been made will constitute your acceptance of the changes.
Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Brittany Krystle service under the new version of the Agreements, you may terminate the Agreements by contacting us at email@example.com.
1.1 Ashley Cooper is provider of digital and informational products and services specifically related to personal brand and business building. “Impact Accelerator” is a digital information product that provides guidance and training to professionals specifically related to personal brand building, content creation and social media marketing. [CUSTOMER] will be provided with [Impact Accelerator] including the specific items identified under the respective product and service they purchase (the “Service” or collectively referred to as the “Services”).
1.2 Ashley Cooper customers may purchase the following Offers:
Impact Accelerator, $997.00 One Time Payment
Impact Accelerator – Payment Plan, $1191.00 in three (3) installments of $397.00*.
*Please review specific Terms for the Payment Plan.
Impact Accelerator is a digital information product that provides guidance and training to professionals specifically related toto personal brand building, content creation and social media marketing.
Collectively, the foregoing list of services and any other services offered by Ashley Cooper are referred to as the ‘Services’.
Due to the personalized nature of the Services, Ashley Cooper may also offer other services add-ons on an a la carte basis which may be purchased separately. Upon purchase of our Services, you will receive exclusive information regarding all Services provided and information to cater to your business needs and goals. The Terms of this agreement will apply to any Services offered by Ashley Cooper. Please note that our calls, text messages, and emails may be recorded and monitored for training purposes.
If you have any questions in relation to membership support, please contact us at [firstname.lastname@example.org] for clarification.
1.3 Requests for Services that fall outside of those outlined under any membership will be priced on an a la carte basis to be determined by Ashley Cooper. Members acknowledge that any provision of these a la carte Services will be governed by Ashley Cooper’s standard terms of service as set out therein.
1.4 Your access to and use of your content platform site may be interrupted from time to time as a result of maintenance or repair or any other reason within or outside the control of Ashley Cooper.
1.5 Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
1.6 Prices and Payment Terms.
(a) Prices posted on this Site may be different than prices offered by us through promotions online, on social media, or with affiliates or brand partners. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept MasterCard, Visa, American Express and Discover for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
2.1 When signing up for Ashley Cooper's Services you are required to provide registration information. We use this information to create an account profile for you on our system which centralizes your membership details, and all your membership requests (your “Account”). The registration information you provide must be yours and accurate. Any failure to notify us of any changes to this information constitutes a breach of our Terms of Service.
2.2 Upon signing up to any membership, you are required to provide one primary contact email address, phone number, and address which we will use to communicate with you.
2.3 You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account on our site. You are required to immediately notify Ashley Cooper of any security breach of your account and we accept no liability for any losses arising out of the unauthorized use.
2.4 You accept that Brittany Krystle makes no warranties regarding your potential traffic growth, reach, following, engagement and or any other increase in your personal brand building, content creation and social media marketing performance as a result of membership to Ashley Cooper.
3.1 By signing up and joining the Ashley Cooper service as a client, Ashley Cooper is obligated to provide you with the following:
* Deliverables Contained within Your Payment Plan Option
These are collectively referred to as the ‘Deliverables’.
3.2 Upon implementation of the Deliverables, you accept and acknowledge that our obligations under the Service have been met and receipt of these Deliverables constitutes your acceptance to continue the Service.
3.3 In the event that you no longer wish to continue your membership, you must observe the termination clauses under this Agreement.
4.1 Due to the nature of the Service, Ashley Cooper recommends that members undertake an active approach to implement the strategic advice provided under the Service in order to achieve the greatest potential for your personal branding, content creation & social media marketing needs.
4.2 You acknowledge that you shall be responsible for (i) providing access and information for Ashley Cooper to perform its obligations under the Agreements, (ii) payment in full for the price and or the payment plan paid to completion, and (iii) adherence to these Terms of Service.
RIGHTS YOU GRANT US
5.1 You grant Ashley Cooper the right to charge the method of payment provided for the full price of all Services pursuant to the payment option you Agree to.
6.1 You agree that you will pay for the Services upon purchasing to a Ashley Cooper packages by paying up front, or by enrolling in the Payment Plan Product, as defined above. The amount of which you are required to pay is determined by the service plan you choose.
6.2 Your membership will activate immediately upon sign up (“the Effective Date”). In the event that you choose the Payment Plan, the term of your payment will be for three (3) calendar months (“Payment Plan Period”) which shall automatically renew at the same time every month. You shall, on the Effective Date be provided access to Ashley Cooper product and services, but you must maintain at all times up-to-date and complete payment details. You also agree that to enroll in an automatic payment enrollment process (“AutoPay”) wherein your card will be stored and charged each month until you have paid off the plan.
6.3 Following the Effective Date of your Payment Plan, your payment to Ashley Cooper will be placed on AutoPay unless you cancel your plan via written request to [email@example.com]. However, cancellation of your payment plan will not waive your obligation to pay full price for the products and services you were provided. Upon cancellation, the full amount of the balance remaining will become due and payable within five (5) days before the end of the current Payment Plan Period.
6.4 Ashley Cooper may charge your payment method for any Services purchased and for any additional amounts (including any taxes and late fees or amounts due) that may be accrued by or in connection with your Payment Plan.
6.5 Ashley Cooper may change the price for the payment plan fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes.
6.6 YOU ARE RESPONSIBLE FOR THE TIMELY AND FULL PAYMENT OF ALL FEES AND ACCEPT LIABILITY ON BEHALF OF ANY THIRD PARTY IN THE EVENT OF LATE PAYMENT. FAILURE TO RECEIVE TIMELY PAYMENT WILL RESULT IN A SUSPENSION OF SERVICE AND CANCELLATION OF YOUR PAYMENT PLAN WITH THE BALANCE DUE UPON CANCELLATION.
6.7 If Ashley Cooper has not received payment at the beginning of each Payment Plan Period, and without prejudice to any other rights and remedies, Ashley Cooper may, without liability to any member cease to perform all or part of the Services until payment is received or restrict access to any member of the products and services provided.
6.8 In the event of clause 6.7, Ashley Cooper shall be under no obligation to provide any or all of the Services during the period of any unpaid Payment Plan Period. Upon receipt of payment for the full balance, membership access will be restored.
6.9 Payment processing may be performed and facilitated by a third party, such as STRIPE, which have their own policies and terms in relation to that payment and data. We request that you observe these terms and policies before agreeing to these Terms.
CANCELLATION AND TERMINATION OF SERVICES.
7.1 You may cancel your Payment Plan at any time. If you cancel, THE REMAINING BALANCE WILL BECOME DUE BEFORE THE END OF THE THEN CURRENT Payment Plan PERIOD. The cancellation will take effect after the last day of the current Payment Plan Period, the balance has not been paid, we will terminate your account accordingly and pursue the balance due.
7.2 If you wish to cancel your Payment Plan, you must contact us with your cancellation request via email at [firstname.lastname@example.org].
7.3 You understand and agree that a cancellation of your Payment Plan will not result in a refund of any fees already paid to us and all Services that were paid for will be completed to the best of our abilities and control. An inability to perform the Services as a result of your acts or omissions will NOT result in a refund. If services are not performed due to reasons caused by Ashley Cooper a refund may be issued under the sole discretion of Ashley Cooper after a reasonable review of the issue that arose.
7.4 In the event that you cancel your Payment Plan and re-activate it at a later date, all terms will apply from the date you re-enrolled in your Payment Plan .
7.5 Ashley Cooper at its sole discretion may terminate or suspend your membership immediately without notice if, in the sole discretion of Ashley Cooper: (a) you are in breach of any of the Terms of Service (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Ashley Cooper network, or the use and enjoyment of Ashley Cooper’s other users; (c) Ashley Cooper receives an order from a court to terminate the Service you are availing ; (d) if Ashley Cooper for any reason ceases to offer the Service; (e) if you are no longer Ashley Cooper customer, or (f) Ashley Cooper determines that you are abusing the Service and/or not adhering to the guidance and suggestions provided by Ashlely Cooper; (g) for breach of the Payment Terms under these Terms of Service, and (f) at its discretion.
In the event of any of the examples raised above, Ashley Cooper may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
8.1 You agree that Ashley Cooper owns all intellectual property rights created in the provision of the Services. Ashley Cooper and its licensors own all right, title, and interest in and to Services and the systems and materials used to provide such Services including all modifications, improvements, upgrades and derivative works. You agree to assign all right, title, and interest you may have in the foregoing to us. Except for the express rights granted herein, we do not grant any other licenses, whether express or implied, to any of Ashley Cooper’s intellectual property including software, services, and products.
8.2 Except as expressly stated herein, these Terms of Service do not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services.
8.3 All Ashley Cooper logos, designs, scripts, reports, insights, tips, tricks and information created during the provision of services, are intellectual property of Ashley Cooper.
8.4 Any use of intellectual property owned by Ashley Cooper may not be used in connection with the sale or distribution of any product or service by you without our prior written consent, misappropriation of any intellectual property or trade secrets owned by Ashley Cooper may result in an action for enforcement or in an effort to recover damages. Ashley Cooper reserves the right to pursue a claim from any misconduct or improper dissemination and use of its intellectual property by any Client or third party or affiliate of Client.
THIRD PARTY PRODUCTS AND/OR SERVICES.
10.1 As part of the Services,Ashley Cooper may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whetherAshley Cooper assists you in the acquisition, installation, and/or use of Third Party Software.Ashley Cooper has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
10.2Ashley Cooper would like to disclose that further to the provision of our Services, there is a monetary relationship between certain services recommended within our membership and the owner of that third party product or service (the “Affiliate” or collectively referred to as “Affiliates”). This clause is provided for the purpose of disclosing Ashley Cooper's financial relationship with Affiliates, advertisers, sponsors and other third parties that we work with within our membership. In the event that you decide to purchase a product or service recommended by Ashley Cooper,Ashley Cooper may receive additional compensation from that purchase from the Affiliate. Despite the foregoing,Ashley Cooper and our representatives provide our honest opinions and commercial experiences as they relate to the products and services that are recommended.
11.1 You hereby expressly and irrevocably indemnify and hold harmless Ashley Cooper against claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with the use of the Service.
11.2 You agree that this discharge of liability will apply toAshley Cooper and its affiliated companies including its and their directors, employees, agents, representatives, independent contractors, licensees and assignees. You agree that this discharge of liability will apply to any and all proceedings, debts, claims and demands (both in law and equity) which you have had in the past, present or may have in the future arising directly or indirectly out of your use of theAshley Cooper Site and/or Ashley Cooper Services.
11.3 You hereby agree that Ashley Cooper and its affiliated companies including its and their directors, employees, representatives, independent contractors, licensees and assignees, shall have no liability for any damage caused by errors made in connection with the Services.
11.4 You accept that all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement. Nothing in this agreement excludes the liability for death or personal injury caused byAshley Cooper ’s gross negligence or for fraud.
11.5 You hereby agree thatAshley Cooper shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
11.6 You agree to indemnify Ashley Cooper against all claims, losses, expenses, damages and costs relating to any breach of these Terms, material and/or the use of or reliance upon the Services, by you or any person acting on your behalf when accessing or making edits on your content management system.
LIMITATION OF LIABILITY.
12.1 Ashley Cooper shall not be liable under any circumstances to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
12.2 ASHLEY COOPER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. YOU ACCEPT THAT YOUR SOLE REMEDY SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE. OUR SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
13.1 Ashley Cooper shall have no liability to you under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other commercial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
CHANGES TO OUR TERMS.
14.1 It is at the sole discretion of Ashley Cooper to modify or replace the terms at any time. Ashley Cooper will notify you of any modification to our Terms via email correspondence or with a clear notification upon your visit to our Site. You are responsible for reviewing our Terms upon notification of any change and continuing use of our Services shall constitute your acceptance of these Terms.
15.1 These Terms apply to the use of our Services and do not create any agency, employment, partnership or joint venture, or employment with any person or persons who agree to be bound by them.
15.2 Ashley Cooper shall not be liable for any failure to perform its obligations under these Agreements in circumstances beyond reasonable control. We accept no responsibility for any electronic, server or communications failure.
15.3 If any provision of our Agreements is found to be unenforceable or unreasonable, that provision shall be limited or excluded to the extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
15.4Ashley Cooper may assign this agreement or any part of them, and Ashley Cooper may delegate any of its obligations under the agreement. You may not assign the agreement or any part of them, nor transfer or sublicense your rights under the agreement, to any third party.